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Convicts suing over ‘uncomfortable extremes’ in Saskatchewan prison

A band of prisoners serving time for murders, rapes, home invasions and shootouts, among others, is suing the federal government over the lack of a barber, adequate library resources, and sleep deprivation.

Harvey Andres, who was twice convicted of murder, is one of five prisoners at Saskatchewan Penitentiary in Prince George who are suing the federal government over "extreme stress and nervous shock" during their incarceration.

By:Jeff GreenStaff Reporter, Published on Fri Dec 07 2012

A group of prisoners serving time for murders, rapes and home invasions, among other crimes, is suing the federal government over grievances that include sleep deprivation and the lack of a barber.

They’re seeking $50,000 in damages, saying their detention is “inflicting extreme stress and nervous shock.” The claim also says they are “constantly being overwhelmed with hopelessness and erosion of self-worth.”

Five prisoners at Saskatchewan Penitentiary in Prince Albert were given six months to obtain a lawyer and to fully articulate their claims of mistreatment and Charter Rights violations while behind bars. Another one of their grievances is a lack of adequate library resources.

Federal Court of Canada Justice Roger T. Hughes made the decision to stay the court proceedings on Nov. 7, saying the handwritten statement of claim was “not so inadequate” that it would be thrown out.

“Here we see expressions of anger, hopelessness, diminished capacity and losing control,” Hughes wrote of their claims.

Christopher Brazeau, who was sentenced to 15 years following a series of violent home invasions in Winnipeg, is identified as the lead plaintiff.

Andres was convicted in the 1976 rape and murder of a B.C. woman. He escaped in March 1981 only to be recaptured after a gunfight with Calgary police in April. He escaped again in early 1982, raping and murdering a 17-year-old that May. Andres was wounded and recaptured in a July 1982 shootout with police.

He isn’t eligible for parole until he is 76 in 2024.

Julie Carmichael, communications director for Minister of Public Safety Vic Toews, said she couldn’t comment on a specific case before the courts but that “the details of this matter reported in the media are very disturbing.”

“Our government’s priority is protecting victims and standing up for law-abiding Canadians. Prisons are not hotels or resorts. We make no apologies for that,” she said.

In Hughes’ decision, he recognized the jailhouse solicitors were “unhappy to the point of frustration, distraction and despair” but have yet to name specific events and laws that were broken.

Hughes also quoted Buddha, Greek playwright Sophocles and Roman statesman Seneca in acknowledging the anger held by the prisoners. But in reference to their statement of claim — which they have until June 2013 to resubmit — he wrote, “While many people can wield a knife, not all are surgeons.”

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